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Home My WebLink AboutA001 - Council Action Form dated September 27, 1994 r ITEM #: � a tij DATE: 09/27/94 COUNCIL ACTION FORM SUBJECT: PUBLIC HEARING TO CONSIDER ORDINANCE AMENDMENTS TO ALLOW SUBDIVISION ENTRANCE SIGNS ON PRIVATE PROPERTY, REGARDLESS OF WHETHER A PROPERTY OWNER'S ASSOCIATION EXISTS FOR THE SUBDIVISION, BY ADOPTING A NEW SUBSECTION 23.31(4) AND BY REPEALING AND RE-ENACTING SUBSECTION 5.220(11)(H). ACTION FORM SUMMARY: These are ordinance amendments in response to a request that subdivision entrance signs be permitted on private property regardless of whether a property owners association exists for the subdivision. City staff recommends approval of this request, with the ordinance amendments described in this report. BACKGROUND: On January 11, 1994, the City Council adopted regulations for residential subdivision entrance signs. The regulations prohibit subdivision entrance signs on public property. In addition, subdivision entrance signs are permitted only if a property owner's association exists for the subdivision. A developer has requested that the City Council consider changing the Municipal Code to allow the placement of subdivision entrance signs on private property, regardless of whether a property owner's association exists for the subdivision. ANALYSIS: The wording of the current text for subsection 5.220(11)(h) is as follows: SIGNS. 5.220(11) Residential Subdivision Entrance Signs. _ "(h) Maintenance of signs, illumination devices, and landscaping shall be the responsibility of the Property Owner's Association for the subdivision. No signs are permitted if a property owner's association does not exist for the subdivision. Signs which, by reason of deterioration, may become unsafe or unsightly, shall be repaired or removed by the Property Owner's Association, upon written notice of the City Zoning Official. 01 Signs which, by reason of deterioration that become unsafe or unsightly, may be removed by the City of Ames, upon written notice of the City Zoning Official." The proposed ordinance amendment for subsection 5.220(11)(h) would read as follows: "(h) Maintenance of signs, illumination devices, and landscaping shall be the responsibility of the property owner. Signs which, by reason of deterioration, may become unsafe or unsightly, shall be repaired or removed by the property owner upon written notice of the City. Signs which by reason of deterioration become unsafe or unsightly, may be removed by the City upon written notice of the City." A new subsection, 23.31(4), would also be added to the City's subdivision regulations for the purpose of establishing easement requirements for the permanent subdivision identification signs proposed to be located on private property. The Municipal Code would be amended to enact a new subsection 23.31(4) as follows: "(4) If the subdivider proposes that there be a permanent sign installed on private property in the subdivision as identification of the subdivision, an easement shall be granted to the City for the site of the sign, in accordance with the following: (a) The easement shall grant the City access to maintain the sign site and the sign if the owner of the sign and site fails to perform such maintenance to the reasonable satisfaction of the City. (b) The easement shall state that the owner of the lot over which the sign easement is granted shall have and retain ownership and responsibility for the sign and shall pay the City any costs the City may incur to maintain the sign or sign site if the owner of the sign fails to perform reasonable maintenance after notice from the City to do so. (c) The easement shall be granted to the City over a platted building lot, not an 'outdot'." 2 y f STAFF COMMENTS: City staff support the proposed amendments to the Municipal Code for subdivision entrance signs. The proposed amendments will allow the placement of such signs in subdivisions, with or without property owner's associations, and places the responsibility for maintenance of the sign on the property owner. If the property owner fails to maintain the sign, the City will have the authority to perform the maintenance and charge the property owner for the cost of such maintenance. ALTERNATIVES: 1. The City Council can adopt the proposed amendment to Subsection 5.220(11)(h) and the addition of Subsection 23.31(4) to the Municipal Code to allow subdivision entrance signs on private property in subdivisions, with or without property owner's associations. 2. The City Council can deny approval of the proposed amendment to Subsection 5.220(11)(h) and the addition of Subsection 23.31(4) to the Municipal Code to allow subdivision entrance signs on private property in subdivisions, with or without property owner's associations. 3. The City Council can adopt a modification of approval of the proposed amendment to Subsection 5.220(11)(h) and the addition of Subsection 23.31(4) to the Municipal Code to allow subdivision entrance signs on private property in subdivisions, with or without property owner's associations. 4. The City Council can table this request and refer it back to City staff for additional information. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council adopt Alternative #1, a recommendation to adopt the proposed amendment to Subsection 5.220(11)(h) and the addition of Subsection 23.31(4) to the Municipal Code to allow subdivision entrance signs on private property in subdivisions, with or without property owner's associations. h\bpo\caflsigns.927 3 ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING SUBSECTION 5.220(11)(h) AND RE-EN- ACTING THAT SUBSECTION REVISED FOR THE PURPOSE OF CHANG- ING REGULATIONS PERTAINING TO SUBDIVISION ENTRANCE SIGNS, PROVIDING A PENALTY ESTABLISHING AN EFFECTIVE DATE AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT HEREWITH. BE IT ORDAINED, by the City Council for the City of Ames, Iowa: Section One. The Municipal Code of the City of Ames, Iowa shall be and is hereby amended by repealing Subsection 5.220(11)(h) and re-enacting that subsection to read as follows: "(h) Maintenance of signs, illumination devices, and landscaping shall be the responsibility of the property owner. Signs which, by reason of deterioration, may become unsafe or unsightly, shall be repaired or removed by the property owner upon written notice of the City. Signs which by reason of deterioration become unsafe or unsightly, may be removed by the City upon written notice of the City." Section Two. Violation of the provisions of this ordinance shall constitute a a municipal infraction punishable as provided in Section 1.9 of the Ames Munici- pal Code. Section Three. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , 1994. Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor 0314 ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY ADOPTING A NEW SUBSECTION 23.31(4) FOR THE PURPOSE OF ESTABLISHING EASEMENT REQUIREMENTS FOR PERMA- NENT SUBDIVISION IDENTIFICATION SIGNS PROPOSED TO BE LOCAT- ED ON PRIVATE PROPERTY; REPEALING ALL ORDINANCES IN CON- FLICT HEREWITH; ESTABLISHING A PENALTY AND SETTING AN EF- FECTIVE DATE. BE IT ORDAINED, by the City Council for the City of Ames, Iowa: Section One. The Municipal Code of the City of Ames, Iowa is hereby amend- ed by enacting a new Subsection 23.31(4) as follows: "(4) If the subdivider proposes that there be a permanent sign installed on private property in the subdivision as identification of the subdivision, an easement shall be granted to the city for the site of the sign, in accordance with the following: (a) The easement shall grant the city access to maintain the sign site and the sign if the owner of the sign and site fails to perform such maintenance to the reasonable satisfaction of the city. (b) The easement shall state that the owner of the lot over which the sign easement is granted shall have and retain ownership and responsibility for the sign and shall pay the city any costs the city may incur to maintain the sign or sign site if the owner of the sign fails to perform reasonable maintenance after notice from the city to do so. (c) The easement shall be granted to the city over a platted building lot, not an 'out-lot'." Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction, punishable as set out in Section 1.9, Ames Municipal Code. Section Three. All ordinances or parts of ordinances in conflict herewith shall be repealed to the extent of such conflict if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , 1994. Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor 0316